PRACTICE |
Variation of Time |
Armonikos Corp. Ltd. v. Saskatchewan Wheat Pool
T-906-00
2002 FCT 526, Hargrave P.
8/5/02
6 pp.
Motion for extension of time within which to serve rebuttal evidence of shipbroker with different view as to existence of charter party--Practice, etiquette of shipbrokers crucial-- Court of view evidence of expert practising shipbrokers may be helpful--Test laid out in Canada (Attorney General) v. Hennelly (1999), 244 N.R. 399 (F.C.A.): continuing intention to pursue application; application has some merit; no prejudice to respondent arising from delay--Motion granted --Continuing intention manifest herein--Case has some merit --Absence of prejudice--These elements more than balance less forceful explanation for delay (defence counsel's illness) --Proper to grant extension in order to do justice between parties.